Bank led us to believe we had approval for a loan mod through Make Homes Affrdable. 7 days age found out sale is today (no notice posted or mailed).

Asked by David, Riverside, CA Fri Mar 12, 2010

We were led to believe bank had everything needed to request of last night they were "trying" to get postponement. Can I stop it at courthouse steps? Anyone know? No time left!!!!

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Joanna Jensen, Other Pro, Livermore, CA
Sat Mar 13, 2010
Hi David,
Was somone helping you with your modification?
When you were told you were approved for the loan mod did you ever received anything in writing?
Very quick qualiiication is your mortgage more than 31% of your gross income? by that I mean principal taxes interest and insurance??
Can you file bankruptcy to stop the sale? Is the sale Friday 3/13. You may be able to stop the sale. do you have any money to pay cure any of the delinquent payments?
It is hard to prove they anything unless they gave you something in writing. You didnt receive a trustee sale notice three weeks ago?
Who is the lender??
I specialize in all of this kind of stuff.
If you would like If no one bought the home you may be able to get it back.

You also may be able to recind any sale.
Give a call if you would like.
JoAnna Jensen
925 699 5041
2 votes
Bob Georgiou, Agent, Danville, CA
Fri Mar 12, 2010

All the agents who are saying a bank can or can't do something with then facts provided are at best providing bad information. Banks are violating all sorts of laws at the direction of their in house attorneys. Without knowing all the facts it's hard to know what the situaion is. If your home does not sell at auction then no harm no foul, the bank can relatively easily reinstate if it sells on the steps your probably doomed.

Call an attorney right now and have them call the bank immeditaely. That is the only way to ensure your rights are protected.
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1 vote
Laura Marsha…, Agent, Riverside, CA
Fri Mar 12, 2010
I actually used to work for a trustee corporation. In California, the only way to stop a sale at the courthouse is to bring proof of a bankruptcy filing. Other than that, they don't have the authority to stop the sale. The trustee is the only one who can stop it. The bank authorizes a trustee corporation to file the non-judicial foreclosure. In order to stop the sale, the bank must call the trustee and request postponement, then the trustee must contact the court. The bank can not even contact the court for postponement. It must be done through the trustee. Usually this needs to be done at least 1 hour prior to sale. In the worst case scenerio, if the bank actually forecloses, you can request that the bank have the trustee reverse the sale. This can be done after the fact. They usually don't like to....but it can be done. Good Luck. Let us all know how it goes.
1 vote
Don Tepper, Agent, Burke, VA
Fri Mar 12, 2010
What you're describing is not uncommon.

The problem is that foreclosures are handled by an entirely separate department in the bank than are short sales, loan modifications, etc.

So you may have been correctly informed that your loan modification was approved. Problem is: Another department in the bank was proceeding along with the foreclosure. It's like a race to the finish line, and in this case the foreclosure people got to the finish line before the loan modification people.

Contact the loan modification people at the bank. Tell them what's going on. There's a possibility that they can do something internally. (And that appears, from your question, to be what is going on.)

And if you've been working with a real estate lawyer, obviously contact him/her immediately.

You won't be able to stop it at the courthouse steps simply by stepping up and saying, "I have an approved loan modification."

Good luck.
1 vote
, ,
Thu Aug 15, 2013
I was just looking through old post and I noticed yours. If you were not able to refinance at the time of the post, I can certainly help you out now. You can call me at 408-352-5147 or email me at You can check us out at I will look at your situation and present you with some options.

Alex Greer
NMLS #1056079
0 votes
Joanna Jensen, Other Pro, Livermore, CA
Fri Apr 23, 2010
Hi David,
Totally depends on the lender.. and how late you are.
I work with homeowners who are in your situation and who are underwater. One thing may be a TRO temporary restraining order or bankruptcy a stay will stop the sale.
the only way going to the sale will stop anything is if you have cash to buy your home and you will have to pay in full.
Usually if you submtt all docs within a week before the sale date they MAY stop or put the sale date on hold to review your situation. Be carefull though. The lender doesnt Cancell the sale, they dont want to have to start all over.

If you have been lucky enough to stop the situation feel free to give me a call. I help with loan mods, short refinancing for home owners who are under water by 20% or more as long as you can afford the new loan payment. I try to have options for homeowners to help them.

JoAnna Jensen
Legal Assistant
925 699 5041
0 votes
Pam Euker, Agent, Riverside, CA
Thu Apr 22, 2010
Hi David, I am sorry that happened to you! I just talked to another local homeowner who went thru the same thing. They are working with the lender to try and get a loan reinstatemnet. I have seen it happen- it might be worth a try.

Pam Euker
Certified REO & Pre-Foreclosure Specialist
Prudential California Realty
6349 Riverside Ave
Riverside, Ca 92506
0 votes
Keith Manson-…, , Milwaukee, WI
Sat Mar 13, 2010
At this time your options are limited. You always need something in writting or banks don't beleive. However, bank are not interested in providing anything in writting. You have to get in touch with the trustee handling the foreclosure and an attorney for you to get involved or get you advice. The attorney would be able to tell you if process was a issue or if there are other options (such as bankruptcy).

The only thing that stops a foreclosure sale are: certified money to Trusttee which bank agreed to;bankruptcy; or a lawsuite.

The bank can reverse a sale if a third party bidder has not purchased the property at the foreclosure sale. If a third party purchase property it gets very difficult to reverse the foreclosure sale.

Good Luck

Keith Manson
First Weber Group
Certified Distressed Property Expert
Metro Milwaukee
0 votes
Richard Alan…, , Riverside County, CA
Fri Mar 12, 2010
Customer service, loan negotiators or loss mitigators and supervisors are to be found in different departments. Often, one department (could be legal or loss) doesn’t know what the other department is doing. Customer service logs in every contact into a log on a computer regardless of where it comes from. When something goes to sale, it is because the activity leading up to it points the way. When a request for a loan mod, short sale, or extension is submitted, it is logged and actions (whatever they are) are halted. Apparently, there is no activity logged in letting anyone know to stop procedures. That is interpreted as a “go” signal and you now go into an automatic handling mode. Getting a Real Estate agent involved or an attorney will stop the action providing they know how to do it. I am not able to expand on this in writing in this forum, but it can be done. Be advised that trying to get anything done on the court house steps in my opinion won’t work. Once the trustee gets involved, they are obligated to perform. It is the bank that controls the actions of all the parties. You need to get professional, seasoned help involved right away. Don’t despair, even if the worse happens, there are other positives that can come out of this. My very best wishes for your welfare.
0 votes
Bob Movin-On, , Hartford, CT
Fri Mar 12, 2010
Yes, you need to go to the courthouse. You need to spend from now until you get to the court house steps on the phone with the bank trying to get this straightened out. Bring what ever you have that shows you are working with the bank with you to the court house, it is very possible you will be able to postpone the sale today. The notice is an issue but you will not be able to provide proof before the sale so you may mention it but do not plan on using that as your line of defense.
Good Luck, Bob
0 votes
Laura Marsha…, Agent, Riverside, CA
Fri Mar 12, 2010
Scotts answer is correct. They CAN NOT go to sale unless the notice was posted and published. A lot of the trustees publish in papers that most people don't read. There is an approved list of publications. The posting/publishing company must also take a picture of the posted notice, in order to prove that it was posted. Having said all of that, I would contact the bank modification department and ask them to contact the foreclosure and postpone the sale. If that doesn't work, contact the foreclosure department directly. You will also want to contact the trustee. I do a lot of short sales, and many times their phone/internet sales are not correctly updated. It is possible that it has in fact been postponed. You must speak with a LIVE person at the trustees office. Do you have a copy of the Notice of Sale? The trustees phone information will be on it. If not, please feel free to call me or send me an email. I can get the information for you and send it to you asap! Good Luck! Laura Marshall -
0 votes
Scott Godzyk, Agent, Manchester, NH
Fri Mar 12, 2010
David this is very common for uncaring workers at banks to do this. The banks requirements are they have to post a legal notice in the local paper that runs for teh 3 consecutive weeks just prior to the sale. At this point you need to seek legal help, if you cant pay for a lawyer contact the CA Bar association to see if they have a pro bono lawyer (no charge) that can file for an injunction with the court. You I wish you lucck in being able to work things out.
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0 votes
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